1-868-624-7257

Trinidad Office

1-868-639-1809

Tobago office

Facebook

Youtube

Search
 

Case Histories

Martin George & Company > Case Histories (Page 3)

DALLISON v. CAFFERY. [1961 D. No. 1575.]

ICLR: King's/Queen's Bench Division/1965/Volume 1/DALLISON v. CAFFERY.  [1961 D. No. 1575.] - [1965] 1 Q.B. 348   [1965] 1 Q.B. 348   [COURT OF APPEAL]   DALLISON v. CAFFERY.  [1961 D. No. 1575.]   1964 April 8, 9, 10, 13.   Lord Denning M.R., Danckwerts and Diplock L.JJ.   Arrest - Detention in custody - Constable, powers of - Duty to act reasonably - Power to arrest on suspicion - Power to take arrested person for reasonable investigation of suspected crime before delivery to police station and magistrates for committal.   Malicious prosecution - Reasonable and probable cause - Question for jury - Honest belief - Question of honest belief in accused person's guilt...

Continue reading

Berry (Linton) v R

Berry (Linton) v R JUDICIAL COMMITTEE OF THE PRIVY COUNCIL LORD KEITH OF KINKEL, LORD ROSKILL, LORD ACKNER, LORD JAUNCEY OF TULLICHETTLE AND LORD LOWRY 29, 30 JANUARY, 4 FEBRUARY, 15 JUNE 1992 Criminal evidence – Prosecution evidence – Disclosure to defence – Statements by crucial prosecution witnesses not disclosed to defence – Significant discrepancies between evidence in court and statements – Discrepancies not brought to attention of defence – Witness’s evidence in court not foreshadowed at preliminary inquiry – Material irregularity Criminal evidence – Character evidence – Relevance to credibility – Failure of trial judge to bring relevance to attention of jury – Defence...

Continue reading

Baksh_v_R_[1958]_AC_167,_[1958]_2_WLR_536

  Baksh v R   [1958] AC 167, [1958] 2 WLR 536, 102 Sol Jo 228 Court: PC   Judgment Date: circa 1958   Catchwords & Digest   CRIMINAL LAW, EVIDENCE AND PROCEDURE - APPEALS - APPEAL TO THE COURT OF APPEAL FOLLOWING TRIAL ON INDICTMENT - VENIRE DE NOVO AND RETRIAL - WHETHER POWER TO ORDER NEW TRIAL -- FRESH EVIDENCE Appellant and his co-accused (who had each relied on an alibi) having been convicted of murder, both appealed to the Court of Criminal Appeal of British Guiana, who permitted to be produced and proved on the hearing of the appeal statements, which had not been available at the trial,...

Continue reading

481.__Disclosure_or_advance_notification_by_

  Halsbury's Laws of England/CRIMINAL PROCEDURE (VOLUME 27 (2010), PARAS 1-451; VOLUME 28 (2010), PARAS 452-962)/10.  EVIDENCE AND WITNESSES/(5) ADVANCE INFORMATION AND DISCLOSURE/(i) Introduction/481. Disclosure or advance notification by the defendant.   Disclosure or advance notification by the defendant.   The defendant is not required to disclose any evidence or material that may be damaging to his own case or of assistance to the prosecution case, nor is he required to disclose evidence that may assist the case of any other defendant1. At common law, the defendant was not required to give any advance notice or disclosure of evidence on which he proposed to...

Continue reading

480.__General_principles_of_fair_disclosure_

  Halsbury's Laws of England/CRIMINAL PROCEDURE (VOLUME 27 (2010), PARAS 1-451; VOLUME 28 (2010), PARAS 452-962)/10.  EVIDENCE AND WITNESSES/(5) ADVANCE INFORMATION AND DISCLOSURE/(i) Introduction/480. General principles of fair disclosure to the defendant.   (5)  ADVANCE INFORMATION AND DISCLOSURE   (i)  Introduction   General principles of fair disclosure to the defendant.   Criminal Procedure Rules1 may make, with respect to proceedings against any person for a prescribed offence or an offence of any prescribed class, provision2:   (1)     for requiring the prosecutor to do such things as may be prescribed for the purpose of securing that the defendant or a person representing him is furnished with, or can...

Continue reading

Errol Arthurton v The Queen [2004] UKPC 25

Arthurton v R (British Virgin Islands) [2004] UKPC 25 (27 May 2004)   Privy Council Appeal No. 67 of 2003   Errol Arthurton Appellant v. The Queen Respondent FROM THE COURT OF APPEAL OF THE BRITISH VIRGIN ISLANDS --------------- JUDGMENT OF THE LORDS OF THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL, Delivered the 27th May 2004 ------------------ Present at the hearing:- Lord Nicholls of Birkenhead Lord Hope of Craighead Lord Rodger of Earlsferry Sir Swinton Thomas Dame Sian Elias   [Delivered by Dame Sian Elias] ------------------ Errol Arthurton appeals by special leave from a decision of the Eastern Caribbean Court of Appeal (British Virgin Islands) (Singh, Redhead JJA and Georges JJA (Ag), 15 July 2002) dismissing his appeal against conviction on...

Continue reading

Cheng vs Cheng

THE REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE (FAMILY COURT DIVISION) No. FH 01373 of 2007 BETWEEN ESHA RAMLAGAN-CHENG Petitioner AND JEROME CHENG Respondent BEFORE THE HONOURABLE MR. JUSTICE ROBIN N. MOHAMMED Appearances: Ms. Lynette Seebaran-Suite for the Petitioner Mrs. Janice Clarence-Quamina instructed by Ms. Jozanne Quamina for the Respondent JUDGMENT INTRODUCTION APPLICATIONS AND PROCEDURAL HISTORY The Petitioner, Esha Ramlagan-Cheng (hereinafter referred to as the "Wife") and the Respondent, Jerome Cheng (hereinafter referred to as the "Husband") got malTied on the 9th April, 2006. The marriage broke down and an incident occurred on the 22nd July, 2007 which resulted in the Wife leaving the matrimonial home. She later filed for divorce...

Continue reading

Trevor King et al v The AG Draft 10 (Oct. 27, 2019)

THE REPUBLIC OF TRINIDAD AND TOBAGO  IN THE HIGH COURT OF JUSTICE  San Fernando  Claim No. CV2015-03383  BETWEEN  TREVOR KING  RENO SAMPSON  RON SAMPSON  KARRELL PAVY  GARFIELD JOSEPH  Claimant  AND  THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO  Defendant  Before the Honourable Mr. Justice Frank Seepersad  Date of Delivery: October 29, 2019.  Appearances:  Mr. Vashist Maharaj instructed by Mr. Robert Boodoosingh Attorneys-at-  law for the Claimants.  Ms. Laura Persad, Ms. Lianne Thomas, Ms. Coreen Findley and Ms.  Kelisha Bello Attorneys-at-law for the Defendant.    DECISION  Before the Court for its determination is the Claimants’ claim for malicious  prosecution. The Claimants were arrested during the state of emergency in  2011 on the charge that they were gang members pursuant to the...

Continue reading

COURT RULES IN FAVOUR OF CONTRACT TEACHERS

A victory for contract teachers in Tobago. The High Court has ordered that the THA pay all gratuities owed to them, immediately. The judgement was handed down, on Friday. Elizabeth Williams has more in this report.   View Video here Text Transcript for Video: The case brought by a representative group of 14 contract teachers, from all across Tobago, was filled by their attorney Martin George & Co. as a constitutional motion against the THA and their attorney general. The teachers sort a declaration of inequality of treatment under the constitution. Justice David Harris in his judgment refused to grant the declaration of inequality of treatment and...

Continue reading

Kajala v Noble 

  Kajala v Noble     (1982) 75 Cr App Rep 149   Court: CA   Judgment Date: circa 1982   Catchwords & Digest   EVIDENCE - GENERAL PRINCIPLES - NECESSITY FOR BEST EVIDENCE - AS TO FACTS - BEST EVIDENCE -- VIDEO RECORDING -- COPY OF ORIGINAL -- ADMISSIBILITY           The defendant was convicted of an offence contrary to the Public Order Act 1936, s 5, committed during a serious disturbance. He had been identified by a prosecution witness, who had recognized him on a BBC news programme concerning the incident. As it was BBC policy not to allow originals of their firms to leave the premises, the prosecution had relied upon a...

Continue reading